L-R: Kevin T. Kucharz of Chalmers, Adams, Backer & Kaufman, Thomas T. Tate of Andersen, Tate & Carr, and Gary S. Freed of Freed Grant. (Courtesy Photos) WIPED OUT: Judge Scraps $3.8M Damages Award
"The liability verdict was upheld, and there is no reason to think a second jury won't award as much or even more in damages, said Laurie Webb Daniel of Webb Daniel Friedlander. "Frankly, we're looking forward to the retrial."
October 02, 2024 at 11:35 AM
6 minute read
What You Need to Know
- A judge has overturned a $3.8 million jury award in a shareholder derivative dispute.
- Senior Judge John Doran determined plaintiff Champion Instruments failed 'to prove damages to a reasonable certainty.'
- Doran upheld liability assessed against defendant Huiming Song, who's accused of breaching fiduciary duty to Champion.
More than a year after a Gwinnett County State Court jury returned a $3.8 million verdict against a defendant accused of siphoning business from a jointly-owned company, a judge has overturned the award that included $300,000 in punitive damages.
Senior Judge John Doran has granted defendant Huiming Song's motions for judgment notwithstanding the verdict. In a 30-page order, Doran based his decision on plaintiff Champion Instruments LLC's "failure to prove damages to a reasonable certainty."
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